HL Deb 22 July 1988 vol 499 cc1698-708

360 Schedule 13, page 139, line 12, at end insert

6A. In section 112A(1) of that Act (inspection in connection with criminal proceedings), after the word "Prosecutions," there shall be inserted the words "the Director of the Serious Fraud Office".

This paragraph shall cease to have effect on the day appointed under section 3(2) of Land Registration Act 1988 for coming into force of that Act.'

361 Page 139, line 19, at end insert—

'Administration of Justice (Miscellaneous Provisions) Act 1933 (c.36)

8a. The following paragraph shall be substituted for paragraph (iA) of the proviso to subsection (2) of section 2 of the administration of Justice (Miscellaneous Provisions) Act 1933 (procedures for indictment of offenders)— (iA) in a case to which paragraph (aa) above applies, the bill of indictment may include, either in substitution for or in addition to any count charging an offence specified in the notice of transfer, any counts founded on material that accompanied the copy of that notice which, in pursuance of regulations under section 5(9) of the Criminal Justice Act 1987, was given to the person charged, being counts which may lawfully be joined in the same indictment;". '.

362 Page 139, line 25, leave out sub-paragraph (2).

363 Page 139, line 29, at end insert— '9A. In subsection (3) of that section, for the word "or" there shall be substituted the words "and a person aged 17 years or over may be detained in such a centre".'.

364 Page 140, line 9, at end insert—

11A. In paragraphs 1 (a) and 2(a) of the Schedule, after the word 'rape' there shall be inserted the word ', torture'.'.

365 Page 140, line 1, leave out '5" to "local' and insert '1" to "central".

366 Page 140, line 28, leave out paragraph 17 and insert— '17. Section 9 shall be renumbered so as to become section 9(1); and at the end of the resulting subsection (1) there shall be added the following subsection— (2) A person who on conviction on indictment has also been convicted of a summary offence under section 39 of the Criminal Justice Act 1988 (power of Crown Court to deal with summary offence where person committed for either way offence) may appeal to the Court of Appeal against any sentence passed on him for the summary offence (whether on his conviction or in subsequent proceedings) under subsection (5) of that section'.

367 Page 141, line 9, leave out sub-paragraph (1) and insert—

(1) In subsection (2) of section 11 (supplementary provisions as to appeal against sentence) after "9" there shall be inserted "(1)".'.

368 Page 141, line 11, leave out 'subsection (2) of that section' and insert 'that subsection—'.

369 Page 141, line 17, leave out from 'sentence' to end of line 41 and insert—

'for the offence triable either way shall be treated also as an appeal or application in respect of any sentence for the summary offence and an appeal or application for leave to appeal against any sentence for the summary offence shall be treated also as an appeal or application in respect of the offence triable either way.

(2B) If the appellant was convicted on indictment of two or more offences triable either way, the references to the offence triable either way in subsection (2A) above are to be construed, in relation to any summary offence of which he was convicted under section 39 of the Criminal Justice Act 1988 following the conviction on indictment, as references to the offence triable either way specified in the notice relating to that summary offence which was given under subsection (1A) of that section.'.

370 Page 142, line 40, leave out paragraphs 25 and 26 and insert— '25. The following shall be substituted for the words in section 31 from the beginning of subsection (1) to "powers" in subsection (2)— (1) There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions—

  1. (a) the powers of the Court of Appeal under this Part of this Act specified in subsection (2) below;
  2. (b) the power to give directions under section 4(4) of the Sexual Offences (Amendment) Act 1976; and
  3. (c) the powers to make orders for the payment of costs under sections 16 to 18 of the Prosecution of Offences Act 1985 in proceedings under this Part of this Act.

(2) The powers mentioned in subsection (1)(a) above".'.

25A. The following subsection shall be inserted after subsection (2A) of that section— (213) The power of the Court of Appeal to grant leave to appeal under section [Crown Court proceedings—orders restricting or preventing reports or restricting public access] of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court.

26. The following shall be substituted in the first subsection of section 44 for the words from the beginning to "judge", in the first place where it occurs— (1) There may be exercised by a single judge

  1. (a) the powers of the Court of Appeal under this Part of this Act—
    1. (i) to extend the time for making an application for leave to appeal;
    2. (ii) to make an order for or in relation to bail; and
    3. (iii) to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal; and
  2. (b) their powers to make orders for the payment of costs under sections 16 and 17 of the Prosecution of Offences Act 1985 in proceedings under this Part of this Act.".

371 Page 144, leave out line 10.

372 Page 144, line 14, leave out 'shall also' and insert 'also to'.

373 Page 144, line 29, at end insert—

'Legal Aid Act 1974 (c. 4)

40A. In section 28(7A) of the Legal Aid Act 1974 for the words "the person charged" there shall be substituted "a person to whom the notice relates".'.

374 Page 144, line 43, at end insert '41A. In each of sections 171 and 368 of the Criminal Procedure (Scotland) Act 1975 (which makes provision as to the presumption and determination of the ages of children) in subsection (3) for the words "and (d)" there shall be substituted the words "(d) and (e)".'.

375 Page 144, line 44, leave out 'the Criminal Procedure (Scotland) Act 1975' and insert 'that Act'.

376 Page 145, line 7, at end insert— '42A. In Schedule 1 to that Act (which lists offences against children under the age of 17 years to which special provisions apply) after paragraph (a) there shall be inserted the following paragraph— (aa) any offence under section 80(7) of the Criminal Justice (Scotland) Act 1980 (commission of a homosexual act in certain circumstances).".'.

377 Page 145, line 7, at end insert— '42B. In the said Schedule 1 after paragraph (d) there shall be inserted the following paragraph— (e) any offence involving the use of lewd, indecent or libidinous practice or behaviour towards a child under the age of 17 years.".'.

378 Page 145, line 21, at end insert

'Internationally Protected Persons Act 1978 (c. 17)

44A. The following sections shall be substituted for section 3 of the Internationally Protected Persons Act 1978

"Extradition under 1870 Act.

3.—(1) An offence under section 1(3)(a) of this Act shall be deemed to be included in the list of extradition crimes in Schedule I to the Extradition Act 1870.

(2) For the purposes of that Act any act, wherever committed, which is any of the following offences—

  1. (a) an offence mentioned in paragraph (a) of subsection (1) of section 1 of this Act which is committed against a protected person within the meaning of that section;
  2. (b) an offence mentioned in paragraph (b) of that subsection which is committed in connection with such an attack as is so mentioned;
  3. (c) an attempt to commit an offence mentioned in the preceding paragraphs; or
  4. (d) an offence under section 1(3) of this Act,
and an offence against the law of any State in the case of which the Extradition Act 1870 is applied by an Order in Council under section 2 of that Act shall be deemed to be an offence committed within the jurisdiction of that State.

Extradition under Part 1 of Criminal Justice Act 1988.

3A.—(1) Where—

  1. (a) no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to the Convention mentioned in the title to this Act; and
  2. (b) general extradition arrangements have not been made with that State under Part I of the Criminal Justice Act 1988,
Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that State, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the Convention constituted general extradition arrangements made with that State under Part I of that Act, but only in respect of the following offences—
  1. (i) an offence mentioned in section 3(2)(a) or (b) above;
  2. (ii) an attempt to commit such an offence;
  3. (iii) counselling, procuring, commanding, aiding or abetting such an offence;
  4. (iv) being accessory before or after the fact to such an offence; and
  5. (v) an offence under section 1(3) of this Act.

(2) The provisions of the Criminal Justice Act 1988 mentioned in subsection (1) above are—

  1. (a) section 1(1) to (8);
  2. (b) sections 3 to 10; and
  3. (c) sections 12 to [Persons serving sentences outside country of conviction].

(3) An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.

(4) For the purposes of the provisions of that Act specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State, any act or omission, wherever it takes place, which is—

  1. (a) an offence mentioned in subsection (1) above; and
  2. (b) an offence against the law of that State,
shall be deemed to be an offence committed within the territory of that State."

44B. The following subsections shall be substituted for section 4(1) of that Act— (1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 3 above. (1A) Sections 18 and [Application of general extradition arrangements to colonies] of the Criminal Justice Act 1988 shall extend to section 3A above.".'.

379 Page 146, line 15, at end insert—

'Protection of Children Act 1978 (c. 37)

48A. The Protection of Children Act 1978 shall be amended as follows.

48B.—(1) In subsection (1) of section 4 (entry, search and seizure) of the words from "are" to the end there shall be substituted the words "is an indecent photograph of a child".

(2) In subsection (2) of that section the words from "taken" to the end shall cease to have effect.

48C.—(1) In subsection (2) of section 5 (forfeiture) the words from "taken" to "distributed or shown," shall cease to have effect.

(2) In subsection (6) of that section, after "1(1) there shall he inserted "or section [Summary offence of possession of indecent photograph of a child] of the Criminal Justice Act 1988".'

380 Page 148, line 23, at end insert— '63A. The following subsection shall be inserted after section 45(3)— 3(A). The power of the Court of Appeal to grant leave to appeal under section [Crown Court proceedings—orders restricting or preventing reports or restricting public access] of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court."'.

381 Page 148, line 33, at end insert—

'Civil Aviation Act 1982 (c.16)

65A. The following sections shall be inserted after section 93 of the Civil Aviation Act 1982

"Extradition under Part 1 of Criminal Justice Act 1988.

93A.—(1) Where—

  1. (a) no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a Convention country; and
  2. (b) general extradition arrangements have not been made with that country under Part I of the Criminal Justice Act 1988,
Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that country, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the Convention constituted general extradition arrangements made with that country under Part I of that Act, but only in respect of the following offences—
  1. (i) an offence committed on board an aircraft in flight registered in that country;
  2. (ii) an attempt to commit such an offence;
  3. (iii) counselling, procuring, commanding, aiding or abetting such an offence; and
  4. (iv) being accessory before or after the fact to such an offence.

(2) The provisions of the Criminal Justice Act 1988 mentioned in subsection (1) above are—

  1. (a) section 1(1) to (8);
  2. (b) sections 3 to 10; and
  3. (c) sections 12 to [Persons serving sentences outside country of conviction].

(3) An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.

(4) Subsections (4) and (5) of section 92 above shall apply for the purposes of this section as they apply for the purposes of that section.

Extradition under 1870 Act.

93B.—(1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 93 above.

(2) Sections 18 and (Application of general extradition arrangements to Colonies) of the Criminal Justice Act 1988 shall extend to section 93A above and to section 92(4) and (5) above as they apply for the purposes of section 93A above.".'.

382 Page 148, line 40, at end insert—

'Taking of Hostages Act 1982 (c. 28)

66B. The following section shall be inserted after section 3 of the Taking of Hostages Act 1982

"Extradition under Part 1 of Criminal Justice Act 1988.

3A.—(1) Where—

  1. (a) no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to the Convention; and
  2. (b) general extradition arrangements have not been made with that State under Part I of the Criminal Justice Act 1988,
Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that State, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the Convention constituted general extradition arrangements made with that State under Part of that Act, but only in respect of the following offences—
  1. (i) an offence under this Act;
  2. (ii) an attempt to commit such an offence;
  3. (iii) counselling, procuring, commanding, aiding or abetting such an offence; and
  4. (iv) being accessory before or after the fact to such an offence.

(2) The provisions of the Criminal Justice Act 1988 mentioned in subsection (1) above are—

  1. (a) section 1(1) to (8);
  2. (b) sections 3 to 10; and
  3. (c) sections 12 to [Persons serving sentences outside country of conviction].

(3) An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (I) above shall not be under a duty to determine whether the evidence would he sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.

(4) For the purposes of the provisions of the Criminal Justice Act 1988 specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State, any act or omission, wherever it takes place, which is—

  1. (a) an offence mentioned in subsection (a) above; and
  2. (b) an offence against the law of that State,
shall be deemed to be an offence committed within the territory of that State.

(5) In this section 'the Convention' means the International Convention against the Taking of Hostages opened for signature at New York on 18 December 1979.".

66C. The following subsections shall be substituted for section 5(I) of that Act— (1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 3(1) and (4) above. (1A) Sections 18 and (Application of general extradition arrangements to Colonies) of the Criminal Justice Act 1988 shall extend to section 3A above.".

Aviation Security Act 1982 (c. 36)

66D. The Aviation Security Act 1982 shall be amended as follows.

66E. In subsection (3) of section 9, after the word "above" there shall be inserted the words "and of section 9A below".

66F. The following section shall be inserted after that section—

"Extradition under Part 1 of Criminal Justice Act 1968

9A.—(1) Where—

  1. (a) no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to a relevant Convention; and
  2. 1703
  3. (b) general extradition arrangements have not been made with that State under Part 1 of the Criminal Justice Act 1988.
Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that State, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the relevant Convention constituted general extradition arrangements made with that State under Part I of the Criminal Justice Act 1988, but only in respect of the following offences—
  1. (i) offences which are offences in pursuance of that Convention;
  2. (ii) an attempt to commit such an offence;
  3. (iii) counselling, procuring, commanding, aiding or abetting such an offence; and
  4. (iv) being accessory before or after the fact to such an offence.

(2) The provisions of the Criminal Justice Act 1988 mentioned in subsection (1) above are—

  1. (a) section 1(1) to (8);
  2. (b) sections 3 to 10; and
  3. (c) sections 12 to [Persons serving sentences outside country of conviction].

(3) An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.

(4) For the purposes of the provisions of the Criminal Justice Act 1988 specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State any act or omission, wherever it takes place, which falls within section 9(4) of this Act shall be deemed to be an offence committed within the territory of that State.".

66G. The following subsections shall be substituted for section 39(1) of that Act— (1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 9 above. (1A) Sections 18 and (Application of general extradition arrangements to Colonies) of the Criminal Justice Act 1988 shall extend to section 9A above and to section 9 above as amended by the Criminal Justice Act 1988.".'

383 Page 148, line 40, at end insert—

'Civic Government (Scotland) Act 1982 (c.45)

66H. In subsection (7) of section 52 of the Civic Government (Scotland) Act 1982 after the word "thereof)" there shall be inserted the words "and in Part III of the Social Work (Scotland) Act 1968 (children in need of compulsory measures of care)".'

384 Page 148, 42, leave out paragraphs 67 and 68.

385 Page 149, line 10, after '15(11)' insert 'of the Criminal Justice Act 1982'.

386 Page 149, line 12, at end insert—

69A. At the end of part II of Schedule I to that Act there shall be added—

"CRIMINAL JUSTICE ACT 1988 (c.)

26. Section [Torture] (torture)."'.

387 Page 149, line 13, at end insert—

'69B.—(1) In subsection (1) of section 34 (endorsement of licences without hearings) and subsections (1) and (3) of section 35 of the Transport Act 1982 (licence receipts), after the word "constable" (in each place) there shall be inserted the words "or authorised person".

(2) The following subsection shall be added after subsection (10) of that section— (11) In this section and section 35 below "authorised person" has the meaning assigned to it by section 28(5) above.

69C.—(1) In subsection (1) of section 47 of that Act (evidence in fixed penalty notice cases) after the word "constable", in the second place where it occurs, there shall be inserted the words "or authorised person".'

(2) The following subsection shall be inserted after that subsection— (1A) In subsection (1) above "authorised person has the meaning assigned to it by section 28(5) above.".'.

388 Page 149, line 14, leave out 'the Transport Act 1982' and insert 'that Act'.

389 Page 149, line 16, at end insert—

'Nuclear Material (Offences) Act 1983 (c.18)

70A.—(1) The following section shall be inserted after section 5 of the Nuclear Material (Offences) Act 1983 (extradition)—

"Extradition under Part 1 of the Criminal Justice Act 1988.

5A.—(1) Where—

  1. (a) no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to the Convention; and
  2. (b) general extradition arrangements have not been made with that State under Part I of the Criminal Justice Act 1988.
Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that State, subject to the limitations, restrictions, exceptions and qualifications, if any contained in the Order, as if the Convention constituted general extradition arrangements made with that State under Part I of the Criminal Justice Act 1988, but only in respect ofthe following offences—
  1. (i) an offence mentioned in paragraph (a), (b). (c) or (d) of subsection (1) of section 1 of this Act which is committed by doing an act in relation to or by means of nuclear material;
  2. (ii) an offence under section 2 of this Act;
  3. (iii) an attempt to commit an offence mentioned in paragraph (i) or (ii) above;
  4. (iv) counselling, procuring, commanding, aiding or abetting such an offence; and
  5. (v) being accessory before or after the fact to such an offence.

(2) The provisions of the Criminal Justice Act 1988 mentioned in subsection (1) above are—

  1. (a) section 1(1) to (8);
  2. (b) sections 3 to 10; and
  3. (c) sections 12 to (Persons serving sentences outside country of conviction).

(3) An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.

(4) For the purposes of the provisions of the Criminal Justice Act 1988 specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State, any act wherever committed, which is—

  1. (a) an offence mentioned in subsection (1) above; and
  2. (b) an offence against the law of that State,
shall be deemed to be an offence committed within the territory of that State.

(5) In this section and in section 6 below "the Convention" means the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on 3 March 1980".

70B. The following subsections shall be substituted for section 7(1) of that Act— (1) Sections 17 and 22 ofthe Extradition Act 1870 shall extend to section 5 above. (1A) Sections 18 and (Application of general extradition arrangements to Colonies) of the Criminal Justice Act 1988 shall extend to section 5A above.".'

390 Page 149, line 18, leave out from beginning to ('intimate' and insert— '71. The Police and Criminal Evidence Act 1984 shall be amended as follows. 71A. At the end of subsection (3)(b) of section 24 (arrest) there shall be added the words "other than an offence under section 12(1) ofthe Theft Act 1968".'. 71B. In section 55(1)'.

391 Page 149, line 20, at end insert— '71c. In section 65, in the definition of "intimate samples", for the word "orifice" there shall be substituted the words "orifices".'.

392 Page 149, line 21, leave out 'of that Act'.

393 Page 149, line 22, at end, insert— '72A. At the end of Schedule 5 to that Act there shall be added—

"Criminal Justice Act 1988. (c.)

9. Section [Torture] (Torture).".

394 Page 149, line 26, at end insert— '73A. In subsection (11) of section 22 of that Act (power of Secretary of State to set time limits in relation to preliminary steps of criminal proceedings), at the end of paragraph (b) of the definition of "Custody of the Crown Court" there shall be added or (c) section 5(2)(a) of the Criminal Justice Act 1987 (custody after transfer order in fraud case).;" '.

395 Page 150, line 4, at end insert—

'Criminal Justice Act 1987 (c. 38)

Criminal Justice (Scotland) Act 1987 (c. 41)

79A. The following paragraph shall be substituted for subsection (6)(j) of section 3 of the Criminal Justice Act 1987 and subsection (5)(k) of section 54 of the Criminal Justice (Scotland) Act 1987 (each of which sections relates to disclosure of information)— ( ) a person appointed by the Bank of England under section 41 of the Banking Act 1987 to carry out an investigation and make a report;".

Criminal Justice Act 1987 (c. 38)

79B. The Criminal Justice Act 1987 shall be amended as follows.

79C.—(1) In subsection (2) of section 2 (Director's investigation powers), for the words from "attend" to the end (there shall be substituted the words "answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith".

(2) In subsection (3) of that section—

  1. (a) for the words "a specified time and place" there shall be substituted the words "such place as may be specified in the notice and either forthwith or at such time as may be so specified,"; and
  2. (b) for the word "class" there shall be substituted the word "description".

79D.—(1) In subsection (1) of section 11, for the words from "a report" to "containing" there shall be inserted the words "a report of proceedings to which this section applies which contains".

(2) The following subsection shall be inserted after that subsection— (1A) This section applies—

  1. (a) to an application under section 6(1) above; and
  2. (b) to a preparatory hearing and any appeal or application for leave to appeal relating to such a hearing.".

(3) The following subsection shall be substituted for subsection (2)— (2) An order that subsection (1) above shall not apply to reports—

  1. (a) of an application under section 6(1) above;
  2. (b) of a preparatory hearing;
  3. (c) of an appeal to the Court of Appeal under section 9(11) above; or
  4. (d) of an application for leave to appeal under that subsection,
may be made—
  1. (i) in a case falling within paragraph (a), (b), or (d) above, by the judge dealing with the matter; and
  2. (ii) in a case falling within paragraph (c) above, by the Court of Appeal."

(4) The following subsection shall be inserted after subsection (9)— (9A) In subsection (9) above 'engaged' means engaged under a contract of service or a contract for services.

(5) In subsection (15) the following definition shall be added after the definition of "publish"—

'relevant time' means a time when events giving rise to the charges to which the proceedings relate occurred."

79E. In section 13(1), for the words "operates only so as to make for Northern Ireland provision corresponding to" there shall be substituted the words "is made only for purposes corresponding to those of".

79F. In paragaph 6(1) of Schedule 1, for "(4)" there shall be substituted "(5)".'.

Criminal Justice (Scotland) Act 1987 (c. 41)

79G.—(1) Section 52 of the Criminal Justice (Scotland) Act 1987 (Powers of investigation in relation to serious or complex fraud) shall be amended as follows.

(2) In subsection (1) for the words from "attend" to the end there shall be substituted the words "answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith.".

(3) In subsection (2)—

  1. (a) for the words "a specified time and place" there shall be substituted the words "such place as may be specified in the notice and either forthwith or at such time as may be so specified,"; and
  2. (b) for the word "class" there shall be substituted the word "description".

(4) In subsection (5) after the word "him" there shall beinserted "(a)" and at the end of the subsection there shall be added the words "; or

  1. (b) in a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.".

396 Page 150, line 10, at end insert—

'(3) In Article 26(2)(c) of that Order, after the words "Article 22(1)" there shall be inserted the words "or section 128 of the Criminal Justice Act 1988", and after the word "weapon" there shall be inserted the words "or article, as the case may be.".'.

397 Schedule 14, page 151, column 3, leave out lines 16 and 17.

398 Page 151, line 17, column 3, at end insert—

'In section 8(1) and (2), the words "to custody".

In section 11(1), the words "in respect of a person in custody thereunder".'.

399 Page 151, line 24, column 3, at end insert— 'In Schedule 3, Part I, the entry relating to Prevention of Corruption Act 1906.'.

400 Page 151, line 32, at end insert—
'1968 c.27 Firearms Act 27,1968. In section 21(2), the words "to borstal training, to corrective training for less then three years or".
In section 52(1)(a), the words "preventive detention, corrective training, borstal training,".'.
401 Page 151, line 32, at end insert—
'1969 c.12. Genocide Act 1969. Section 2(1)(b) and the word "and" immediately preceding it.
In section 3(1), the words "and sections 16 and 17 of the Fugitive Offenders Act 1967".'.
402 Page 151, line 38, column 3, at end insert—
'Section 34(l)(f).'
403 Page 151, line 38, at end insert—
'In section 60, subsection (l)(b) and the word "and" immediately preceding it, and in subsection (2), the word "or section 16(2) or 17 of the said Act of 1967".'.
404 Page 151, line 42, at end insert—
'1972 c. 20 Road Traffic Act 1972. In section 100, the words "or attempting to drive".'.
405 Page 151, line 46, at end insert—
'1973 c. 14. Costs in Criminal cases Act 1973 In Schedule 1 paragraph 3.

406 Page 151, line 52, leave out 'to 41' and insert 'and 40'.

407 Page 151, leave out line 56.

408 Page 152, line 19, column 3, at end insert—
'In section 5(6), the words from the beginning to "and", in the second place where it occurs.'

409 Page 152, leave out lines 30 to 32.

410 Page 152, line 45, at end insert—
'1978c.26 Suppression of Terrorism Act 1978. Section 3(2).
1978c.31. Theft Act 1978. In section (3) the words from "and" to the end.'.
411 Page 152, line 45, at end insert
'1978c.37. Protection of Children Act 1978. In section 1(6), paragraph (b) and the word "and" immediately preceding it and the words "and sections 16 and 17 of the 1967 Act".
In section 4(2), the words from "taken" to the end.
In section 5(2), the words from "taken" to "distributed or shown,".'.

412 Page 152, line 49, leave out 'Section 151' and insert—

'Section 22(7),

Section 32(7),

Section 134,'.

413 Page 152, line 57, at end insert—
'1982 c.16. Civil Aviation Act 1982. Section 93(3).
1982c.28. Taking of Hostages Act 1982. In section 3, subsection (l)(b) and the word "and" immediately preceding it and subsections (3) and (5).
1982c.36. Aviation Security Act 1982. In section 9, subsection (l)(b) and the word "and" immediately preceding it, and subsections (2) and (3).'.

414 Page 153, line 3, column 3, after '12', insert '(1) to '.

415 Page 153, line 13, column 3, at end insert—
'In Schedule 8, paragraphs 3(c) and 7(d)'.
416 Page 153, line 13, at end insert—
'1983 c.18. Nuclear Material (Offences) Act 1983. In section 5, subsection (l)(b) and the word "and" immediately preceding it, and subsections (2) and (4).'.
417 Page 153, line 27, at end insert—
'1985 c.37. Prohibition of Female Circumcision Act 1985. Section 3(1)(b) and the word "and" immediately preceding it.'.

418 Page 153, line 34, column 3, after 'it', insert 'in subsection (3), the words "or 9".".

419 Page 153, line 39, column 3, at end insert—
'In section 19, in subsection (1)(b)(i), the words "(and no conviction for any drug trafficking offence is substituted)" and in subsection (2), in paragraph (a), the words "and that, but for that default, the proceedings would not have been instituted or continued," and in paragraph (b), the word "substantial".'.
420 Page 153, line 43, column 3, at end insert—
'In section 38(11), the words "in England and Wales".'.
421 Page 153, line 43, at end insert—
1986 c.45. Insolvency Act 1986. Section 264(l)(d) and the word "or" immediately preceding it.
Section 266(4).
Section 267(3).
Section 277.
Section 282(2).
In section 293(1), the words "does not apply where the bankruptcy order was made on a petition under section 264(1)(d) (criminal bankruptcy); and it".
Section 297(1).
Section 327.
Section 341(4) and (5).
Section 382(1)(c).
In section 383(1)(a), the words from "(being," to "question)".
In section 385(1), the definition of "criminal bankruptcy order". Section 402.
422 Page 153, line 43, at end, insert—
1987 c.38. Criminal Justice Act 1987. Section 9(3)(a).
In section 11, in subsection (8)(e), the word "engaged" and subsection (11).
In Schedule 2, paragraph 1(2).'
423 Page 153, line 46, at end, insert—
'1988 c. Coroners Act 1988. In Schedule 3, paragraph 14."

424 Page 153, line 49, at end, insert— '1A. The repeal in the Road Traffic Act 1972 does not extend to Scotland.'

In the Title

425 Line 11, after 'indictment' insert 'orders restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial and orders restricting the publication of any report of the whole or any part of a trial or indictment or any such ancillary proceedings.'.

426 Line 15, after 'Board', insert 'to make provision for the payment of compensation for a miscarriage of justice which has resulted in a wrongful conviction;'.

427 Line 15, at end insert 'torture and an offence of'.

428 Line 17, after 'weapons'., insert 'to create a summary offence of possession of an indecent photograph of a child;'.

429 Line 20, after 'detention', insert 'to make provision in relation to the taking of body samples by the police in Northern Ireland; to amend the Bail Act 1976;'.

430 Line 21, after 'weapons' insert 'to provide for the enforcement of the Video Recordings Act 1984 by officers of a weights and measures authority and in Northern Ireland by officers of the Department of Economic Development;'.

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 360 to 430. So far as I know, there is nothing controversial about these. If the noble Lord, Lord Stallard, does not wish to divide the House again, and no one wishes to ask any questions, I propose to move these en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 360 to 430.—(Earl Ferrers.)

House adjourned at ten minutes before five o'clock.